N.Anandhi v. The Joint Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD and WMP.No.15683 of 2025 N.Anandhi .. Petitioner vs 1.The Joint Registrar of Cooperative Societies Office of the Joint Registrar Tiruppur District.
2.The Deputy Registrar of Cooperative Societies Dharapuram Circle Marketing Society Campus Nethaji Road, Dharapuram Tiruppur District.
3.The Administrator/Secretary K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District 4.The Cooperative Sub Registrar Field Officer / Sale Officer / Superintendent - II O/o.Deputy Registrar of Cooperative Societies 1/8
Dharapuram Circle, Marketing Society Campus Nethaji Road, Dharapuram Tiruppur District.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the first respondent to dispose of the petitioner's representation dated 05.04.2025 by conducting proper enquiry within a time may be stipulated by this Court.
For Petitioner :
Mr.M.Sudhan For Respondents :
M/s.Geetha Thamarai Selvan, Spl.GP for R1, 2 and 4.
O R D E R
This writ petition has been filed to direct the first respondent to dispose of the petitioner's representation dated 05.04.2025 by conducting proper enquiry within a time may be stipulated by this Court.
2. The petitioner is the owner of the property to an extent of 2998 sq.ft in 2/8
TS.No.54, Udumalpet, Tiruppur District obtained by way of settlement deed from her husband dated 17.11.2011 vide Doc.No.1021 of 2011 on the file of the SRO, Udumalpet. The second respondent had initiated departmental proceedings against the petitioner's husband, incontinuation to the departmental proceedings without issuing any notice, the first respondent had ordered enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act. After enquiry, the charges levelled against the petitioner's husband has not been proved. The petitioner's husband filed CMA.200030 of 2018 challenging the surcharge order, the same is pending.
3. The petitioner filed WP.No.34324 of 2021, challenging the order dated 23.08.2023, this Court by an order dated 14.12.2023 granted liberty to approach the civil court for the purpose of working out remedy in the manner known to law. Thereafter, filed a comprehensive suit in OS.No.99 of 2024 on the file of the District Munsif Court, Udumalpet. Pending suit, the society had registered the sale certificate vide memo copy dated 24.03.2025 vide Doc.No.1/2025 on the file of the Udumalpet Sub Registrar. Hence, the petitioner submitted a representation dated 05.04.2025 to 3/8
the first respondent requesting to conduct proper enquiry in the entire auction sale proceedings and its consequential confirmation and registration of memo copy on 24.03.2025. Hence, the present writ petition.
4. The learned Special Government Pleader takes notice on behalf of the respondents 1, 2 and 4. She would submit that the first respondent is the appropriate authority to consider the representation of the petitioner dated 05.04.2025. The same will be considered in accordance with law, within the time frame stipulated by this Court.
5. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1, 3 and 4 and perused the materials available on record.
6. This Court directs the first respondent to consider the representation of the petitioner dated 05.04.2025 by conducting detailed enquiry, after giving due notice to the petitioner, opportunity of personal hearing, to consider the documents filed by the 4/8
petitioner, on merits, and in accordance with law, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that no coercive steps shall be taken till the disposal of the petitioner's representation dated 05.04.2025.
7. This writ petition is disposed of, with the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed. 21.04.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The Joint Registrar of Cooperative Societies Office of the Joint Registrar Tiruppur District.
2.The Deputy Registrar of Cooperative Societies Dharapuram Circle, Marketing Society Campus Nethaji Road, Dharapuram Tiruppur District.
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3.The Administrator/Secretary K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District 4.The Cooperative Sub Registrar Field Officer / Sale Officer / Superintendent - II O/o.Deputy Registrar of Cooperative Societies Dharapuram Circle, Marketing Society Campus Nethaji Road, Dharapuram, Tiruppur District.
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J. SATHYA NARAYANA PRASAD , J.
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